Mediation In
Santiago, Región Metropolitana de Santiago

State Laws

The Santiago Metropolitan Region operates under national laws including Law No. 19.971 which regulates international commercial arbitration and provisions for mediation. Chilean law has progressively incorporated compulsory ADR mechanisms, especially mediation, to promote amicable solutions. Law No. 21.044 requires certain disputes related to public concessions to be arbitrated before technical expert panels.

Court-Mandated Programs

Mandatory mediation applies in specific matters including claims brought by patients against health providers, consumer law cases, and labour law disputes. In civil proceedings, there is a mandatory conciliation hearing. Article 3 bis of the Civil Procedure Code establishes that both judges and parties must promote ADR as dispute resolution mechanisms. Mandatory pre-judicial family mediation also applies to disputes over child support, custody and direct regular contact under Article 106 of Law 19.968, lasting up to 60 days, with a Certificado de Mediación Frustrada required before filing.

Licensing Requirements

Mediators are accredited through recognised institutions and mediation centres. CAM Santiago, the Arbitration and Mediation Centre of the Santiago Chamber of Commerce, is a key accreditation body. Mediators must complete approved training programmes and meet professional standards to conduct mediation proceedings. Statutory family mediation must be conducted by mediators inscribed in the Registro de Mediadores administered by the Ministry of Justice through the SEREMI de Justicia, requiring a university degree of at least eight semesters, 180 hours of theoretical training (80 in mediation) and 40 practical hours.

Local Court Systems

Santiago has a hierarchical court system with first instance courts, Courts of Appeal, and the Supreme Court. Specialised courts exist for certain matters including antitrust and environmental disputes. The CAM Santiago acts as the International Chamber of Commerce representative in Chile, providing arbitration and mediation services.

Legal Framework

Chile has a well developed ADR framework with Law No. 19.971 regulating international commercial arbitration. One of its main features is the limited judicial intervention of domestic courts over arbitration proceedings, which means that remedies and grounds to challenge a foreign arbitral award are very limited. Article 34 of this Law establishes the motion for annulment as the only method for setting aside an award, prohibiting parties from using other remedies typically applied in domestic procedures. Therefore, there is a high level of judicial deference for international arbitration, and Chile is considered a highly reliable seat of international arbitration. Law No. 21.044 requires that disputes related to public concessions be arbitrated before a technical expert panel first, and then before an arbitral tribunal. The Civil Procedure Code (article 3° bis) establishes that both judges and parties must promote ADR as mechanisms of dispute resolution. There are matters where there is mandatory mediation before entering court litigation, such as claims brought by patients against health providers or consumer or labour law. Decreto Exento N°277 of 30 January 2026 reajusta el arancel máximo que podrán percibir durante 2026 los mediadores privados inscritos en el Registro de Mediadores regulado por la Ley N°19.968. Decreto N°113 of 14 January 2025 reajusta el arancel máximo de mediadores privados para 2025. Oficio Circular N°3511 of 10 June 2025 imparts instructions on article 112 of Law 19.968 and article 4 of its Reglamento regarding the Registro de Mediadores.

While Chile operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

The Civil Procedure Code establishes that both judges and parties must promote ADR as mechanisms of dispute resolution. In civil proceedings, there is a mandatory conciliation hearing. The Code encourages recourse to ADR during judicial proceedings before Chilean courts. Parties often include mediation in their agreements and arbitration clauses, which are legally binding and enforceable.

Mediator Regulations

Statutory mediation in Chile may only be conducted by mediators inscribed in the Registro de Mediadores, administered by the Ministry of Justice through its regional SEREMI offices. To register, a candidate must hold a professional degree of at least eight semesters, complete at least 180 theoretical hours of specialised mediation or family training (of which at least 80 hours cover the mediation process) plus 40 practical hours, have no conviction for offences under articles 361 to 375 of the Penal Code or for domestic violence, and provide adequate premises. These requirements derive from Ley 19.968 article 112 and Decreto 763 of 2008. Maximum fees that registered private mediators may charge are set by annual decree, most recently Decreto Exento 277 of 30 January 2026 for 2026 and Decreto 113 of 14 January 2025 for 2025.

Cultural Approach

The use of alternative dispute resolution mechanisms in Chile has increased greatly in the last few years. Parties often include mediation in their agreements and arbitration clauses, which are legally binding and enforceable. At the same time, Chilean law has progressively incorporated opportunities for compulsory ADR, especially mediation, as a way to promote amicable solutions between parties and avoid court litigation.

Typical Costs

ADR mechanisms increased greatly in recent years. Professional mediator fees generally range from CLP 50,000-200,000 per hour for commercial mediation. CAM Santiago provides institutional fee schedules. Mandatory mediation for health, consumer, and labour disputes may have subsidised costs. High judicial deference supports efficient processes.